2009 Legislative Report

2009 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 27

2009 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 27

CS/SB 114 Notice/Contaminated Property: Requires the Department of Environmental Protection to provide notice of contaminated property to the local health department, as well as specified representatives of local government, state legislators, and property owners and tenants of any property within 1,000 feet of all sampling points at which contamination is discovered. Similar to HB 1229. Sen. Charlie Justice (D-St. Petersburg) WATCH

? S. Community Affairs Committee: A minor, technical amendment is adopted; reported favorably with one amendment. Now in S. Education PreK - 12 committee.

SB 126 Records/Children and Vulnerable Adults: Amends Â§ 39.202, F.S., to stipulate that records of the Department of Children and Families that relate to the abuse, neglect, or abandonment of a child are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines "personal identifying information" as information that would identify the child or the child's siblings, the child's caregiver unless the caregiver is arrested as a result of the report, and the person who reported the alleged abuse, abandonment, or neglect. Requires that a child's case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost. Allows access to a child's case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Finally, amends Â§ 415.107, F.S., to stipulate that DCF records relating to the abuse, neglect, or exploitation of a vulnerable adult are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines "personal identifying information" as information that would identify the adult victim, the adult's guardian or legal counsel unless guardian or legal counsel is arrested as a result of the report, and the person who reported the alleged abuse, neglect, or exploitation. Sen. Paula Dockery (R-Lakeland)

? S. Children, Families, & Elder Affairs Committee: A strike-all amendment deleting those provisions allowing access to DCF investigative records is adopted; reported favorably as a committee substitute. As amended, CS/SB 126 requires that a child's case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost, and allows access to a child's case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Now in S. Judiciary Committee.

HB 409 Exemption/Identifying Information - Educators: Creates a public record exemption for personal identifying information and personal health information of employees of public educational institutions, including current or former teachers, administrators, educational support personnel, and school board members. Defines "personal identifying information" as the name, age, home address, telephone number, social security number, photograph, and place of employment of the spouse or child of an employee, and the name and location of a school or day care facility attended by the child of an employee. Similar to SB 1260. Rep. Mia Jones (D-Jacksonville)

? H. Governmental Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 409 creates a public record exemption for the home address, social security number, employment status, and telephone number of a current or former teacher, school administrator, or school board member, and the name, age, home address, telephone number, social security number photograph, and place of employment of the spouse or child of such persons, and the name and location of a school or day care facility attended by their children. Also creates an exemption for all information relating to the personal health of such persons, and the existence or content of their individual coverage or status of coverage under an employee group health insurance policy. Now in H. PreK -12 Policy Committee.

SB 748 OGSR/Children's Services Council: Reenacts, without modification, Â§ 125.901(11), F.S., a public record exemption for personal identifying information held by a children's services council concerning a child or the child's parent or guardian. S. Committee on Children, Families & Elder Affairs

? S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 748 reenacts, with minor technical modification, Â§ 125.901(11), F.S., a public record exemption for personal identifying information held by a children's services council concerning a child or the child's parent or guardian. Now in S. Rules Committee.

SB 750 OGSR/Insurance Claim Data Exchange Information: Reenacts Â§ 409.25661, F.S., without modification, a public record exemption for information obtained by the Department of Revenue in connection with a program that allows DOR to match insurance claims of non-custodial parents who owe past-due child support. Stipulates that the information is confidential and exempt until such time as it is determined whether a match exists. If there is a match, the information is subject to public disclosure; if no match exists, the information is destroyed. S. Committee on Children, Families & Elder Affairs

? S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 750 reenacts Â§ 409.25661, F.S., without modification, a public record exemption for information obtained by the Department of Revenue in connection with a program that allows DOR to match insurance claims of non-custodial parents who owe past-due child support. Stipulates that the information is confidential and exempt until such time as it is determined whether a match exists. If there is a match, the information is subject to public disclosure; if no match exists, the information is destroyed. Requires review and reenactment of the exemption in 2010. Now in s. Rules Committee.

HB 895 Exemption/School Testing Investigations: Creates a public record exemption for investigations of testing improprieties and all information obtained pursuant to such investigations until the investigation is complete or no longer active. Similar to SB 895. Rep. Ken Roberson (R-Port Charlotte)

? H. PreK-12 Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 895 creates a public record exemption for the identity of an educational institution, personally identifiable of all personnel, and specific allegations of misconduct obtained or reported pursuant to investigations of testing impropriety conducted by the Department of Education until such time as the investigation is concluded or no longer active. Now in H. Governmental Affairs Committee.

HB 937 Exemption/Controlled Substances: Creates a public record exemption for identifying information of patients, health care providers, and pharmacists in records relating to the monitoring of controlled substance prescriptions held by any agency. Identifying information includes the name, address, telephone number, insurance plan number, social security or government-issued identification number, provider number, Drug Enforcement Administration number, or any other unique identifier. Similar to SB 440. Rep. Marcelo Llorente (R-Miami)

? H. Health Care Regulation Committee: Reported favorably. Now in H. Governmental Affairs Committee.

HB 961 Exemption/Florida Insurance Guaranty Association: Creates a public record exemption for the following records held by the Florida Insurance Guaranty Association: (1) claims files until termination of all litigation and settlement of all claims arising out of the same incident; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Similar to SB 2158. Rep. John Wood (R-Haines City)

? H. Governmental Affairs Committee: Two amendments, one technical, are adopted; reported favorably as amended. As amended, CS/HB 961 creates a public record exemption for the following records held by the Florida Insurance Guaranty Association: (1) claims files until termination of all litigation, settlement, and final closing of all claims arising out of the same incident is adopted; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Now in H. General Government Policy Council.

SB 1368 Local Government/Financial Reports: Amends Â§ 218.32, F.S., requiring local governments to submit annual financial reports to the Department of Financial Services (DFS). In pertinent part, the bill requires local governments to provide a link to the DFS website to view such annual financial reports. Similar to HB 931. Sen. Charlie Dean (R-Ocala)

? S. Community Affairs Committee: A strike-all amendment is adopted; reported favorably with one amendment. As amended, SB 1368 (1) amends various statutory provisions relating to the budgeting procedure for various local government entities; (2) establishes a state-wide budget system, including minimum requirements for items that must be included in the budget; (3) requires adoption of tentative budgets at public meetings; and (4) requires that tentative budgets, budgets, and budget amendments be posted on the entity's official website. Now in S. Governmental Oversight & Accountability Committee.

HB 1439 Records/Children and Vulnerable Adults: Amends Â§ 39.202, F.S., to stipulate that personal identifying information in records of the Department of Children and Families (DCF) that relate to the abuse, neglect or abandonment of a child is exempt from public disclosure. Requires that a child's case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost. Allows access to a child's case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Finally, amends Â§ 415.107, F.S., to stipulate that personal identifying information in DCF records relating to the abuse, neglect, or exploitation of a vulnerable adult is exempt from public disclosure. Similar to SB 126. Rep. Peter Nehr (R-Tarpon Springs)

? H. Health Care Services Committee: A strike-all amendment deleting those provisions allowing access to DCF investigative records is adopted; reported favorably as a committee substitute. As amended, CS/HB 1439 requires that a child's case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost, and allows access to a child's case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions.

SB 1796 Shell/Governmental Operations: Expresses legislative intent to revise laws relating to governmental operations. Sen. J.D. Alexander (R-Winter Haven)

? S. Ways & Means Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1796 requires the Executive Office of the Governor to establish a website available through the state's internet portal to provide public access, initially, to appropriations expenditures data for all branches of state government. Requires the Joint Legislative Auditing Committee to oversee the website and to propose additional information to be added to the website. Exempts cities with a population of less than 10,000 from the website reporting requirements.

SB 2032 OGSR/Scripps Research Institute: Reenacts without modification Â§ 288.9551, F.S., providing various public record and open meeting exemptions for the Scripps Florida Funding Corporation, the Office of Tourism, Trade and Economic Development (OTTED) and the Scripps Research Institute. Specifically, creates a public record exemption for (1) materials relating to methods of manufacture or production; potential or actual trade secrets, patentable material, or proprietary information received, generated, ascertained or discovered by or through the Scripps Research Institute; (2) agreements and proposals to receive funding, including grant applications; (3) materials relating to the recruitment of scientists and researchers; (4) the identity of donors or potential donors; (5) information received which is otherwise confidential or exempt; (6) personal identifying information of participants in human trials or experiments; and (7) medical or health records relating to participants in clinical trials. Also (8) exempts portions of meetings at which exempt information is discussed, as well (9) all records generated during closed meetings. Finally, (10) stipulates that the Scripps Research Institute is a private, not-for-profit entity and is thus not subject to the public records law or the open meetings law. S. Commerce Committee

? S. Commerce Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 2158 Exemption/Florida Insurance Guaranty Association: Creates a public record exemption for the following records held by the Florida Insurance Guaranty Association: (1) claims files until termination of all litigation and settlement of all claims arising out of the same incident; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Similar to HB 961. Sen. Mike Haridopolos (R-Melbourne)

? S. Banking & Insurance Committee: An amendment stipulating that claims files will be exempt until termination of all litigation, settlement, and final closing of all claims arising out of the same incident is adopted; reported favorably with one amendment. Now in S. Governmental Oversight & Accountability Committee.

SB 2162 Exemption/Seaport Authorities: Creates an exemption for those portions of meetings of seaport authority boards at which active criminal investigative or intelligence information is discussed or a security briefing is received. Stipulates that the chair must announce the necessity to close the meeting and provides the specific reasons for closure in a written document and that the entire meeting be recorded. Also limits attendance at the closed meeting to members of the board, supporting staff and other persons authorized by the chair. Finally, creates a public record exemption for all records associated with the closed meeting until the investigation is complete or no longer active. Sen. Ronda Storms (R-Brandon)

? S. Military Affairs & Domestic Security Committee: One technical amendment is adopted; reported favorably with one amendment. Now in S. Transportation Committee.

SB 2324 Exemption/Military Base Closures: Creates a public record exemption for those portions of record held by the Legislative Oversight Council on U.S. Department of Defense Base Realignment and Closure Activities which relate to (1) strengths and weaknesses of military installations or military missions in Florida or other states and vulnerability of such installations to base realignment or closure; (2) the selection criteria for the realignment and closure of military bases and missions; (3) Florida's strategy to retain its military bases during the federal base realignment and closure process; and (4) any agreements or proposals to relocate or realign military units and missions. Also creates an exemption for meetings or portions of meetings of the Council at which exempt records are presented or discussed. Finally, creates an exemption for all records generated during those portions of closed meetings. Sen. Don Gaetz (R-Ft. Walton Beach)

? S. Military Affairs & Domestic Security Committee: A strike-all amendment shifting the exemption for records and meetings of the Legislative Oversight Council to the Florida Council on Military Base and Mission Support is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 2374 Shell Bill/Education Records: Expresses legislative intent to revise laws relating to a public record exemption for educational records. Sen. Nancy Detert (R-Venice)

? S. Education PreK - 12 Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2374 creates a public record exemption for education records as defined by the federal Family Educational Rights and Privacy Act (FERPA), and expands the public record exemption in Â§ 1006.52, F.S., for the education records of students enrolled in public postsecondary educational institutions to include education records of applicants for admission to such institutions. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 7093 Exemption/Telecommunications & Broadband Companies: Creates a public record exemption for proprietary confidential business information obtained from a telecommunications or broadband company by the Department of Management Services (DMS). Defines "proprietary business information" as proprietary or "otherwise confidential information" including plans, billing and payment records, trade secrets, or other information that is intended to be and is treated by the company as confidential and is not otherwise publicly available to the same extent and in the same format as requested by DMS. Stipulates that aggregate information related to maps and location of facilities and broadband services and the speed of such services is not "proprietary confidential business information." H. Economic Development Community Affairs Policy Council

2009 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 20

2009 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 20

CS/HB 135 Exemption/Insured Dependents: Creates a public record exemption for personal identifying information of dependent children (those under the age of 21 who are still in school) of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to SB 270. Rep. Seth McKeel (R-Lakeland)

? H. Governmental Affairs Committee: Reported favorably. Now in H. Economic Development & Community Affairs Council.

CS/HB 631 Exemption/Estate Inventories and Accountings: Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding. Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to SB 1400. Rep. Dorothy Hukill (R-Port Orange)

? H. Governmental Affairs Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 961 Exemption/Florida Insurance Guaranty Association: Creates a public record exemption for the following records held by the Florida Insurance Guaranty Association: (1) claims files until termination of all litigation and settlement of all claims arising out of the same incident; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Similar to SB 2158. Rep. John Wood (R-Haines City)

? H. Insurance, Business & Financial Affairs Committee: Reported favorably. Now in H. Governmental Affairs Committee.

HB 971 Transparency in Government Spending: Creates the "Track Your Taxes - the Florida Budget Openness Act" requiring the Department of Financial Services (DFS) to create a website that provides access to each expenditure made by a governmental entity, including: disbursement of funds; bond debt payments; salaries and wages; contractual services; commodities; capital outlay; expenditures on aid programs; and capital improvements. Stipulates that each expenditure list the name of the payee, as well as the date, amount, and purpose of the expenditure. Also requires that the website provide access to information on all revenue received by a government entity, including all: receipts or deposits; taxes; earnings, including amounts collected for merchandise sold, services performed, and licenses and permits issued; revenue for the use of money and property; gifts, donations, and federal grants; other revenue not classified elsewhere; and all non-revenue receipts. Stipulates that all revenues must list the name of the payor, and the date, amount, and purpose of the revenue. In addition, requires access to each governmental entities bonded indebtedness information. "Governmental entity" is broadly defined to include all three branches of state government including state agencies and local governments, the Legislature, the courts, school districts, community colleges, and state universities. Finally, requires the website to include data for the 2010-2011 fiscal year for state governmental entities, data for the 2011-2012 fiscal year or calendar years for all other governmental entities, and data for each fiscal or calendar year thereafter for all governmental entities. Similar to SB 1972. Rep. Dorothy Hukill (R-Port Orange)

? H. Government Accountability Council: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 971 requires the Executive Office of the Governor to create a publicly-accessible website to provide access to information for each state agency and each branch of state government, including: (1) disbursement data for each expenditure for each appropriation, including the name of the payee, the date and amount of the expenditure, and the object code; (2) all appropriations, supplemental appropriations, and budget amendments; (3) the status of spending authority for each appropriation; and (4) the position and rate information for all positions provided in the General Appropriations Act. Stipulates that the Joint Legislative Auditing Committee will be responsible for overseeing and managing the website and requires the committee to submit a plan to the House Speaker, Governor, and Senate President to provide access to information for all other governmental entities including local governments and state universities by March 2010. Now in H. Governmental Affairs Committee.

HB 985 Exemption/County Ethics Complaints: Expands Â§ 112.324, F.S., providing a public record exemption for records relating to investigations of complaints by the Ethics Commission to include records relating to investigations of complaints held by counties that have established a local investigatory process. Stipulates that such records are exempt until the complaint is dismissed or when a probable cause determination is made. Similar to SB 1582. Rep. Eric Eisnaugle (R-Orlando)

? H. Governmental Affairs Committee: An amendment to include counties that have established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements is adopted; reported favorably as a committee substitute. Now in H. Military & Local Affairs Committee.

HB 1229 Notice/Contaminated Property: Requires the Department of Environmental Protection to provide notice to all property owners living within one mile of contaminated property. Similar to SB 114. Rep. Rick Kriseman (D-St. Petersburg) WATCH

? H. Agriculture & Natural Resources Affairs Committee: Reported favorably. Now in H. General Government Policy Council.

SB 1826 OGSR/Eminent Domain Records: Reenacts, without modification, Â§ 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Similar to HB 7013. S. Community Affairs Committee

? S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1826 reenacts, with minor modification, Â§ 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Now in S. Rules.

SB 1834 OGSR/Archival Material: Reenacts, with minor technical modification, Â§ 275.38, F.S., providing a public record exemption for non-public manuscripts or archival material turned over to the Florida State Archives under special conditions. Stipulates that such manuscripts or material will be subject to public disclosure 50 years after the date of the creation of such records. Similar to HB 7025. S. Governmental Oversight & Accountability Committee

? S. Governmental Oversight & Accountability Committee: One minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Community Affairs Committee.

SB 1896 Exemption/Patient Safety Data: Repeals Â§ 381.2073, F.S., providing a public record exemption for information identifying a patient contained in patient safety data and the person reporting such information in records held by the Florida Patient Safety Corporation. Also repeals Â§ 381.2071, F.S., authorizing creation of the Florida Patient Safety Corporation. Similar to HB 7023. S. Health Regulation Committee

? S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Health & Human Services Appropriations Committee.

SB 1902 OGSR/Human & Machine Cognition Institute: Reenacts, without modification, Â§ 1044.4472, F.S., providing a public record exemption for (1) material relating to methods of manufacture or production; (2) potential and actual trade secrets; (3) patentable material; proprietary business information; (4) the identity of donors or potential donors to the Institute who desire to remain anonymous; and (5) any information received by the Institute in the performance of its duties which is otherwise confidential and exempt by law held or received by the Florida Institute for Human & Machine Cognition. Also reenacts an exemption for those portions of meetings at which exempt information is discussed. Similar to HB 7041. S. Higher Education Committee ???

? S. Higher Education Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1912 Exemption/School Testing Investigations: Creates a public record exemption for investigations of testing improprieties and all information obtained pursuant to such investigations until the investigation is complete or no longer active. Similar to HB 895. Sen. Nancy Detert (R-Venice)

? S. Education Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1912 creates a public record exemption for the identity of a school or postsecondary institution, personal identifying information of school or institution personnel, and specific allegations of misconduct obtained or reported to the Department of Education pursuant to an investigation of testing impropriety. Stipulates that such information is subject to public disclosure at the conclusion of the investigation or when the investigation is no longer active. Now in S. Governmental Oversight & Accountability Council.

SB 2108 Clerks of Court/Transfer of Services: Stipulates that services currently provided by clerks of court are to be transferred to state court system. Similar to HB 1121. Sen. Ken Pruitt (R-Port St. Lucie) WATCH

? S. Judiciary Committee: A strike-all amendment making significant changes to the bill is amended; reported favorably as a committee substitute. As amended, CS/SB 2108 transfers funding of the clerks of court from the Florida Clerks of Court Operations Corporation to the annual legislative appropriations process as of the fiscal year 2010 - 2011. Requires the clerks of court to submit an annual legislative budget request through the Corporation starting in 2010 and stipulates the fines, fees, service charges, and costs collected by the clerks be remitted to the state rather than retained by the clerks. Now in S. Finance & Tax Committee.

HB 7013 OGSR/Eminent Domain Records: Reenacts, with minor modification, Â§ 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. Similar to SB 1826. H. Governmental Affairs Committee

? H. Economic Development & Community Affairs Council: Reported favorably. Now on H. Calendar.

HB 7015 OGSR/Campaign Finance Reports: Reenacts, with minor technical modification, Â§ 106.0706, F.S., providing an exemption for information entered into the campaign finance report electronic filing system until such time as the information is submitted to the Division of Elections as a filed report. Similar to SB 1348. H. Governmental Affairs Committee

? H. Economic Development & Community Affairs Council: Reported favorably. Now on H. Calendar.

HB 7017 OGSR/Building Plans and Blueprints: Reenacts, with minor modification, Â§ 119.701(3)(c), F.S., a public record exemption building plans, blueprints, schematic drawings and diagrams which depict the internal layout or structural elements of certain attractions, reaction facilities, entertainment or resort complexes, industrial complexes, retail and service developments, office developments and hotel and motel developments. Stipulates that the exemption does not apply to comprehensive plans, site plans, or amendments submitted for approval or that have been approved under local land or zoning regulations. Similar to SB 754. H. Governmental Affairs Committee

? H. Economic Development & Community Affairs Council: Reported favorably. Now on H. Calendar.

HB 7021 OGSR/Children's Services Council: Reenacts, with minor technical modification, Â§ 125.901(11), F.S., a public record exemption for personal identifying information held by a children's services council concerning a child or the child's parent or guardian. Similar to SB 748. H. Governmental Affairs Committee

? H. Economic Development & Community Affairs Council: Reported favorably. Now on H. Calendar.

NEW BILLS FILED

HB 7035 OGSR/Surplus State Lands: Reenacts, with minor modification, Â§ 253.034(6)(g)1., F.S., providing a public record exemption for the written valuation of surplus state lands and related documents used to form the valuation or which pertain to the valuation until two weeks before a contract regarding the purchase, exchange, or disposal of such land is first considered for approval. Similar to SB 1268. H. Governmental Affairs Committee

HB 7037 OGSR/Home Addresses - U.S. Attorneys: Reenacts, narrows, and moves the public record exemption for the home addresses, etc., of U.S. attorneys, judges, and magistrates. As amended, creates Â§ 119.071(5)(i), F.S., providing a public record exemption for the home address, telephone number, and photograph of a current or former U.S. attorney, judge, or magistrate. Also exempts the home address, telephone number, photograph, and place of employment of the spouses and children of such persons, as well as the name and location of the schools or day care facilities attended by their children. Stipulates that the attorney, judge, or magistrate must request confidentiality in writing and must provide a written statement that reasonable efforts have been made to protect such information in other publicly-available sources. Similar to SB 1342. H. Governmental Affairs Committee

HB 7039 OGSR/Insurance Claim Data Exchange Information: Reenacts Â§ 409.25661, F.S., without modification, a public record exemption for information obtained by the Department of Revenue in connection with a program that allows DOR to match insurance claims of non-custodial parents who owe past-due child support. Stipulates that the information is confidential and exempt until such time as it is determined whether a match exists. If there is a match, the information is subject to public disclosure; if no match exists, the information is destroyed. Requires review and reenactment of the exemption in 2010. Similar to SB 750. H. Governmental Affairs Committee

HB 7041 OGSR/Human & Machine Cognition Institute: Reenacts, with minor technical modification, Â§ 1044.4472, F.S., providing a public record exemption for (1) material relating to methods of manufacture or production; (2) potential and actual trade secrets; (3) patentable material; proprietary business information; (4) the identity of donors or potential donors to the Institute who desire to remain anonymous; and (5) any information received by the Institute in the performance of its duties which is otherwise confidential and exempt by law held or received by the Florida Institute for Human & Machine Cognition. Also reenacts an exemption for those portions of meetings at which exempt information is discussed. Similar to SB 1902. H. Governmental Affairs Committee

HB 7043 OGSR/Scripps Research Institute: Reenacts with some modification Â§ 288.9551, F.S., providing various public record and open meeting exemptions for the Scripps Florida Funding Corporation, the Office of Tourism, Trade and Economic Development (OTTED) and the Scripps Research Institute. Specifically, HB 7043 removes OTTED and the Scripps Research Institute from the scope of the various exemptions and provides a public record exemption for (1) materials relating to methods of manufacture or production; potential or actual trade secrets, patentable material, or proprietary information received, generated, ascertained or discovered by or through the Scripps Research Institute; (2) agreements and proposals to receive funding, including grant applications; (3) materials relating to the recruitment of scientists and researchers; (4) the identity of donors or potential donors who wish to remain anonymous; (5) information received which is otherwise confidential or exempt; (6) personal identifying information of participants in human trials or experiments; and (7) medical or health records relating to participants in clinical trials. Also (8) exempts portions of meetings at which exempt information is discussed, as well (9) all records generated during closed meetings. Finally, (10) stipulates that the Scripps Research Institute is a private, not-for-profit entity and is thus not subject to the public records law or the open meetings law. Similar to SB 2032. H. Governmental Affairs Committee HB 7043 (2032)

HB 7051 OGSR/Social Security Numbers: Reenacts, with modification, Â§ 119.071(4), F.S., providing a public record exemption for social security numbers of government employees. Also amends Â§ 119.071(5)(a), F.S., providing a general public record exemption for social security numbers. Similar to SB 1838. H. Governmental Affairs Committee

2009 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 13

2009 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 13

SB 114 Notice/Contaminated Property: Requires the Department of Environmental Protection to provide notice to all property owners living within one mile of contaminated property. Similar to HB 1229. Sen. Charlie Justice (D-St. Petersburg) WATCH

? S. Environmental Preservation & Conservation Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB114 requires notice of contaminated property to provide notice of the contamination to the local health department, as well as specified representatives of local government, state legislators, and property owners and tenants of any property within 1,000 feet of all sampling points at which contamination is discovered. Now in S. Education Committee.

SB 162 Electronic Health Records: Expands access to a patient's medical records to facilitate the electronic exchange of data between certain health care facilities, practitioners, and providers. Also creates the "Florida eHealth Initiative Act." Sen. Jeremy Ring (D-Margate)

? S. Health Regulation Committee: Three amendments adopted; reported favorably as a committee substitute. As amended, CS/SB 162 expands access to a patient's medical records to facilitate the electronic exchange of data and creates the "Florida Electronic Health Records Exchange Act." Now in S. Banking & Insurance Committee.

SB 166 Exemption/Donors to Public Buildings: Creates a public record exemption for the name, address, and telephone number of a donor or prospective donor to a publicly-owned building or facility. Similar to HB 795. Sen. Jeremy Ring (D-Margate)

? S. Higher Education Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 350 Economic Development/Entertainment Industry: Amends Â§ 288.1254, F.S., to provide corporate income tax and sales and use tax credits to qualified entertainment industries rather than reimbursements from appropriations. Similar to HB 47. Sen. Mike Haridopolos (R-Melbourne)

? S. Commerce Committee: Reported favorably. Now in S. Finance & Tax Committee.

HB 631 Exemption/Estate Inventories and Accountings: Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding. Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to SB 1400. Rep. Dorothy Hukill (R-Port Orange)

? H. Civil Justice & Courts Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in H. Governmental Affairs Committee.

HB 749 Exemption/Donors - Department of Elderly Affairs: Creates a public record exemption for the identity of donors or prospective donors to the direct-support organization of the Department of Elderly Affairs. Also creates an exemption for portions of meetings during which the identity of such persons is discussed. Similar to SB 648. Rep. Tom Anderson (R-Holiday) L

? H. Elder & Family Services Committee: Reported favorably. Now in H. Governmental Affairs Committee.

SB 1218 Exemption/Home Addresses - DBPR Investigators: Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation. Also creates a public record exemption for the names, home addresses, telephone numbers, and places of employment of the spouses and children of such investigators and inspectors, as well as the names and locations of school and day care facilities attended by their children. Similar to HB 699. Sen. Mike Bennett (R-Bradenton)

? S. Regulated Industries Committee: Amended to stipulate that the exemption will apply only if such investigators or inspectors provide a written statement that reasonable efforts have been made to protect the exempt information from being accessible through other publicly-available means. Reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 1290 OGSR/Motor Vehicle Records: Reenacts without modification Â§ 119.0712(2), F.S, the Florida Driver's Privacy Protection Act, providing a public record exemption for personal identifying information in motor vehicle records. S. Transportation Committee

? S. Transportation Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1342 OGSR/Home Addresses - U.S. Attorneys: Reenacts, narrows, and moves the public record exemption for the home addresses, etc., of U.S. attorneys, judges, and magistrates. As amended, creates Â§ 119.071(5)(i), F.S., providing a public record for the home address, telephone number, and photograph of a current or former U.S. attorney, judge, or magistrate. Also exempts the home address, telephone number, photograph, and place of employment of the spouses and children of such persons, as well as the name and location of the schools or day care facilities attended by their children. Stipulates that the attorney, judge, or magistrate must request confidentiality in writing and must provide a written statement that reasonable efforts have been made to protect such information in other publicly-available sources. S. Judiciary Committee

? S. Judiciary Committee: On minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 1348 OGSR/Campaign Finance Reports: Reenacts, with minor technical modification, Â§ 106.0706, F.S., providing an exemption for information entered into the campaign finance report electronic filing system until such time as the information is submitted to the Division of Elections as a filed report. Similar to HB 7015. S. Ethics & Elections Committee

? S. Ethics & Elections Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1400 Exemption/Estate Inventories and Accountings: Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding. Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to HB 631. Sen. Dave Aronberg (D-Greenacres)

? S. Judiciary Committee: Three minor technical amendments adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

? S. Health Regulation Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 7025 OGSR/Archival Material: Reenacts, with minor technical modification, Â§ 275.38, F.S., providing a public record exemption for non-public manuscripts or archival material turned over to the Florida State Archives under special conditions. Stipulates that such manuscripts or material will be subject to public disclosure 50 years after the date of the creation of such records. Similar to SB 1834. H. Governmental Affairs Committee

HB 7027 OGSR/Motor Vehicle Records: Reenacts with significant technical modification Â§ 119.0712(2), F.S, the Florida Driver's Privacy Protection Act, providing a public record exemption for personal identifying information in motor vehicle records. Similar to SB 1290. H. Governmental Affairs Committee

2009 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 6

2009 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 6

HB 135 Exemption/Insured Dependents: Creates a public record exemption for personal identifying information of minor dependents of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to SB 270. Rep. Seth McKeel (R-Lakeland)

? H. Insurance, Business, & Financial Affairs Committee: A strike-all amendment creating a public record exemption for personal identifying information of dependent children (those children under the age of 21 who are still in school) of current or former agency employees if insured by an agency group insurance plan, is adopted; reported favorably as a committee substitute. Now in H. Governmental Affairs Committee.

? S. Community Affairs Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 270 Exemption/Insured Dependents: Creates a public record exemption for personal identifying information of minor dependents of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to HB 135. Sen. Paula Dockery (R-Lakeland)

? S. Community Affairs Committee: A strike-all amendment making minor modifications is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 440 Exemption/Controlled Substances: Creates a public record exemption for identifying information of patients, health care providers, and pharmacists in records relating to the monitoring of controlled substance prescriptions held by any agency. Identifying information includes the name, address, telephone number, insurance plan number, social security or government-issued identification number, provider number, Drug Enforcement Administration number, or any other unique identifier. Similar to HB 937. Sen. Mike Fasano (R-New Port Richey)

? S. Health Regulation Committee: A strike-all amendment making minor modifications is adopted; reported favorably as a committee substitute. Now in S. Governmental Affairs & Accountability Committee.

w HB 601 Confidentiality/Self-Critical Analyses: Stipulates that a book, document, report, "or other tangible thing" created by a person or organization for the principal purpose of self-critical analysis and the promotion of safety is confidential and is not subject to discovery and can't be admitted into evidence if certain, specified conditions apply. Rep. Steve Crisafulli (R-Merritt Island)

? House: Withdrawn from consideration

SB 754 OGSR/Building Plans and Blueprints: Reenacts, with minor modification, Â§ 119.701(3)(c), F.S., a public record exemption building plans, blueprints, schematic drawings and diagrams which depict the internal layout or structural elements of certain attractions, reaction facilities, entertainment or resort complexes, industrial complexes, retail and service developments, office developments and hotel and motel developments. Stipulates that the exemption does not apply to comprehensive plans, site plans, or amendments submitted for approval or that have been approved under local land or zoning regulations. S. Committee on Military Affairs & Domestic Security

? S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 1268 OGSR/Surplus State Lands: Reenacts, with minor modification, Â§ 253.034(6)(g)1., F.S., providing a public record exemption for the written valuation of surplus state lands and related documents used to form the valuation or which pertain to the valuation until two weeks before a contract regarding the purchase, exchange, or disposal of such land is first considered for approval. S. Environmental Preservation & Conservation Committee ???

? S. Environmental Preservation & Conservation Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1824 OGSR/Recreation Programs for Children: Reenacts, with some modification, Â§ 119.071(5)(c), F.S., providing a public record exemption for information that would identify or help locate a child who participates in a government-sponsored recreation program, including information that would identify or help locate the parents or guardians of the child. As amended, defines "government-sponsored recreation program" as an after-school program, an athletic program, a nature program, a camp, or other recreational program for which an agency assumes responsibility for a child participating in the program. S. Community Affairs Committee

? S. Community Affairs Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1826 OGSR/Eminent Domain Records: Reenacts, without modification, Â§ 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. S. Community Affairs Committee

? S. Community Affairs Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 1421 Taxpayer Transparency Act: Requires the Auditor General, in coordination with the Department of Revenue, to develop and maintain a publicly-available budget database and requires state agencies receiving and dispersing public funds to provide the necessary budget data to the Auditor General. Stipulates that the website must be searchable by the name and principal location of the recipient of state funds; the amount of the funds dispersed; the name of the agency making the disbursement; the budget entity, appropriation category and line-item number from which the expenditure is made; the program or activity for which the funds are spent; a description of the purpose and goals for the expenditure; and the expected performance measures and past performance outcomes achieved. Similar to SB 594. Rep. Leonard Bembry (D-Madison)

HB 1477Â Internet Publication of Public Notices: In pertinent part, authorizes various governmental entities to publish or advertise legally required public notices and advertisements on publicly accessible websites. Similar to SB 2292. Rep. Juan Zapata (R-Miami)

SB 2292 Internet Publication of Public Notices: Similar to HB 1477. Sen. Ronda Storms (R-Brandon)

SB 2374 Shell Bill/Education Records: Expresses legislative intent to revise laws relating to a public record exemption for educational records. Sen. Nancy Detert (R-Venice)

SB 2426 Shell Bill/Student Records: Expresses legislative intent to revise laws relating to student records. Sen. Nancy Detert (R-Venice)

SB 2432 Exemption/Home Addresses - Teachers & School Administrators: Creates a public record exemption for home addresses, personal e-mail addresses and telephone numbers of teachers and school administrators. Also exempts the home addresses, personal e-mail addresses, telephone numbers, and places of employment of their spouses and children and the names and locations of schools and day care facilities attended by their children. Sen. Nancy Detert (R-Venice)

SB 2652 Exemption/Office of Financial Regulation: Creates a public record exemption for audited financial statements submitted to the Office of Financial Regulation (OFR) pursuant to laws relating to mortgage lending. Also creates an exemption for information obtained by OFR from the Nationwide Mortgage Licensing System and Registry which is confidential under federal or other state law. Finally, creates a public record exemption for credit reports obtained by OFR for licensing purposes. Sen. Mike Fasano (R-New Port Richey) ???

HB 7019 OGSR/Recreation Programs for Children: Reenacts, with some modification, Â§ 119.071(5)(c), F.S., providing a public record exemption for information that would identify or help locate a child who participates in a government-sponsored recreation program, including information that would identify or help locate the parents or guardians of the child. As amended, defines "government-sponsored recreation program" as an after-school program, an athletic program, a nature program, a camp, or other recreational program for which an agency assumes responsibility for a child participating in the program. Similar to SB 1824. H. Governmental Affairs Committee

HB 7023 Exemption/Patient Safety Data: Repeals Â§ 381.2073, F.S., providing a public record exemption for information identifying a patient contained in patient safety data and the person reporting such information in records held by the Florida Patient Safety Corporation. Also repeals Â§ 381.2071, F.S., authorizing creation of the Florida Patient Safety Corporation. Similar to SB 1896. H. Governmental Affairs Committee

2009 PUBLIC RECORDS AND OPEN MEETINGS

HB 47 Economic Development/Entertainment Industry:: Amends Â§ 288.1254, F.S., to provide corporate income tax and sales and use tax credits to qualified entertainment industries rather than reimbursements from appropriations. Similar to SB 350. Rep. Steve Precourt (R-Winter Garden) WATCH
SB 76 Exemption/Juvenile Records:: In pertinent part, amends Â§ 985.04, F.S., to stipulate that the name, photograph, address, and crime or arrest report of a juvenile who has been adjudicated as an adult or who has committed a felony is not exempt from public disclosure. Under current law, such information is subject to public disclosure if the juvenile has been convicted of more than three misdemeanors or has been charged with a felony. Sen. Frederica Wilson (D-Miami Gardens)
BAD
SB 86 Expunction of Criminal Records:: Requires FDLE to notify certain, specified agencies when a minor's criminal records are expunged. Prohibits sealing of certain criminal records. Sen. Frederica Wilson (D-Miami Gardens) WATCH
SB 114 Notice/Contaminated Property:: Requires the Department of Environmental Protection to provide notice to all property owners living within one mile of contaminated property. Sen. Charlie Justice (D-St. Petersburg) WATCH
SB 126 Records/Children and Vulnerable Adults:: Amends Â§ 39.202, F.S., to stipulate that records of the Department of Children and Families that relate to the abuse, neglect, or abandonment of a child are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines "personal identifying information" as information that would identify the child or the child's siblings, the child's caregiver unless the caregiver is arrested as a result of the report, and the person who reported the alleged abuse, abandonment, or neglect. Requires that a child's case file be maintained in a complete and accurate manner, and that such files be made available to the child without cost. Allows access to a child's case file by foster parents, preadoptive parents, adoptive parents, and adoption entities under certain, specified conditions. Finally, amends Â§ 415.107, F.S., to stipulate that DCF records relating to the abuse, neglect, or exploitation of a vulnerable adult are subject to public disclosure and that personal identifying information in such records is confidential and exempt. Defines "personal identifying information" as information that would identify the adult victim, the adult's guardian or legal counsel unless guardian or legal counsel is arrested as a result of the report, and the person who reported the alleged abuse, neglect, or exploitation. Sen. Paula Dockery (R-Lakeland)
HB 135 Exemption/Insured Dependents:: Creates a public record exemption for personal identifying information of minor dependents of current or former agency employees if the dependents are insured by an agency group insurance plan. Similar to SB 270. Rep. Seth McKeel (R-Lakeland)
HB 145 Exemption/Controlled Substances:: Creates a public record exemption for information relating to controlled substance prescriptions collected by pharmacists and health care providers and submitted to the Department of Health or stored in the controlled substances database. Similar to SB 612. Rep. Carl Domino (R-Juno Beach)
BAD
SB 162 Electronic Health Records:: Expands access to a patient's medical records to facilitate the electronic exchange of data between certain health care facilities, practitioners, and providers. Also creates the "Florida eHealth Initiative Act." Sen. Jeremy Ring (D-Margate)
SB 166 Exemption/Donors to Public Buildings:: Creates a public record exemption for the name, address, and telephone number of a donor or prospective donor to a publicly-owned building or facility. Similar to HB 795. Sen. Jeremy Ring (D-Margate)
BAD
SB 176 Exemption/Blood Test Results â€“ Juveniles:: Creates a public record exemption for blood test results of juveniles referred to or under the supervision of the Department of Juvenile Justice. Sen. Frederica Wilson (D-Miami Gardens)
HB 221 Exemption/Internet Registry â€“ Abandoned Properties:: Creates a public record exemption for information contained in the internet registry maintained under the Vacant or Abandoned Real Property Registration, Maintenance, and Foreclosure Reporting Act. Specifically, HB 221 exempts the name of the property owner, the address of the property, and the mortgage loan number of the property that is the subject of the filing. Similar to SB 1044. Rep. Ari Abraham Porth (D-Coral Springs)
BAD
SB 270 Exemption/Insured Dependents:: Similar to HB 135. Sen. Paula Dockery (R-Lakeland)
HB 275 Commercial Use of Law Enforcement Photographs:: Prohibits the commercial use or distribution of law enforcement photographs or video recordings of a deceased person, a part of a deceased person, or any part of a person's extreme, severe, or acute injuries. Stipulates that such use or distribution is a third degree felony. Similar to SB 638. Rep. Kellli Stargel (R-Lakeland)
BAD
HB 277 Exemption/Crime Scene Photographs:: Creates a public record exemption for investigative or crime scene photographs and video recordings of a deceased person, a part of a deceased person, or any part of a person's extreme, severe, or acute injuries. Similar to 636. Rep. Kellli Stargel (R-Lakeland)
BAD
SB 350 Economic Development/Entertainment Industry:: Similar to HB 47. Sen. Mike Haridopolos (R-Melbourne)
SB 358 Exemption/Proprietary Confidential Business Information:: Create a public record exemption for proprietary confidential business information held by an agency. Defines "proprietary confidential business information" as information (1) owned or controlled by the proprietor requesting confidentiality; (2) intended to be and is treated as private; (3) not readily ascertainable or publicly available from any other source; (4) the disclosure of which would cause harm to the business interests of the proprietor; and (5) has not been intentionally disclosed. Stipulates that the exemption applies only to business plans, internal auditing controls and reports of internal auditors; reports of external auditors for privately held companies; and trade secrets. Finally, provides that public access to such information will be provided if the proprietor fails to verify certain, specified conditions in writing within a reasonable period of time after requesting confidentiality. Similar to SB 1836. Sen. Paula Dockery (R-Lakeland)
HB 395 Confidentiality/Collaborative Process:: In pertinent part, stipulates that all communications between parties participating in a collaborative process are confidential unless all parties to the process otherwise agree in writing. Defines "collaborative process" as a process in which parties to a dispute, represented by collaborative attorneys, attempt to resolve the matter without court intervention. Similar to SB 1416. Rep. John Tobia (R-Melbourne)
BAD
HB 409 Exemption/Identifying Information â€“ Educators:: Creates a public record exemption for personal identifying information and personal health information of employees of public educational institutions, including current or former teachers, administrators, educational support personnel, and school board members. Defines "personal identifying information" as the name, age, home address, telephone number, social security number, photograph, and place of employment of the spouse or child of an employee, and the name and location of a school or day care facility attended by the child of an employee. Similar to SB 1260. Rep. Mia Jones (D-Jacksonville)
BAD
SB 440 Exemption/Controlled Substances:: Creates a public record exemption for identifying information of patients, health care providers, and pharmacists in records relating to the monitoring of controlled substance prescriptions held by any agency. Identifying information includes the name, address, telephone number, insurance plan number, social security or government-issued identification number, provider number, Drug Enforcement Administration number, or any other unique identifier. Similar to HB 937. Sen. Mike Fasano (R-New Port Richey)
BAD
SB 468 Exemption/Identifying Information â€“ School System Employees:: Creates a public record exemption for personal identifying information relating to the health and benefit coverage of school system employees, their spouses, and dependents. Personal identifying information includes the name, address, e-mail address and telephone numbers of such persons. Sen. Mike Fasano (R-New Port Richey)
BAD
SB 584 Exemption/Shell Bill:: Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings. Sen. Don Gaetz (R-Ft. Walton Beach)
BAD
HB 585 Exemption/Controlled Substances:: Creates a public record exemption for information collected by the Department of Health in connection with the electronic system for monitoring prescriptions for certain controlled substances. Similar to SB 1354. Rep. Kelly Skidmore (D-Boca Raton)
BAD
SB 594 Taxpayer Transparency Act:: Requires the Office of Policy and Budget to create a searchable budget website allowing the public to search and aggregate information relating to the appropriation and expenditure of state funds by January 1, 2010. Stipulates what information must be included in the searchable website. Sen. Dave Aronberg (D-Greenacres)
GOOD
HB 601 Confidentiality/Self-Critical Analyses:: Stipulates that a book, document, report, "or other tangible thing" created by a person or organization for the principal purpose of self-critical analysis and the promotion of safety is confidential and is not subject to discovery and can't be admitted into evidence if certain, specified conditions apply. Rep. Steve Crisafulli (R-Merritt Island)
BAD
SB 612 Exemption/Controlled Substances:: Similar to HB 145. Sen. Dave Aronberg (D-Greenacres)
BAD
HB 631 Exemption/Estate Inventories and Accountings:: Creates a public record exemption for inventories of an estate or elective estate and accountings filed in an estate proceeding. Stipulates that such records may be disclosed under certain, specified conditions including by court order upon a showing of good cause. Similar to SB 1400. Rep. Dorothy Hukill (R-Port Orange)
SB 636 Exemption/Crime Scene Photographs:: Similar to HB 277. Sen. Charlie Dean (R-Inverness)
BAD
SB 638 Commercial Use of Law Enforcement Photographs:: Similar to HB 275. Sen. Charlie Dean (R-Inverness)
BAD
SB 648 Exemption/Donors â€“ Department of Elderly Affairs:: Creates a public record exemption for the identity of donors or prospective donors to the direct-support organization of the Department of Elderly Affairs. Also creates an exemption for portions of meetings during which the identity of such persons is discussed. Similar to HB 749. Sen. Mike Fasano (R-New Port Richey)
BADS. Children, Families, & Elder Affairs Committee: Reported favorably; now in S. Governmental Oversight & Accountability Committee.
HB 699 Exemption/Home Addresses â€“ DBPR Investigators:: Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation. Also creates a public record exemption for the names, home addresses, telephone numbers, and places of employment of the spouses and children of such investigators and inspectors, as well as the names and locations of school and day care facilities attended by their children. Similar to SB 1218. Rep. Alan Williams (D-Tallahassee)
BAD
HB 727 Exemption/Complaints Against Firefighters:: Creates a public record exemption for disciplinary complaints and investigative records filed against a firefighter. Stipulates that such records will be subject to public disclosure when a final determination whether to issue a notice of disciplinary action is made. Also creates an exemption for all proceedings or meetings or portions thereof, including any informal inquiry, formal investigation, interrogation, or administrative proceeding, at which such complaints and records are presented or discussed. Similar to SB 1314. Rep. Evan Jenne (D-Davie)
SB 748 OGSR/Children's Services Council:: Reenacts, without modification, Â§ 125.901(11), F.S., a public record exemption for personal identifying information held by a children's services council concerning a child or the child's parent or guardian. S. Committee on Children, Families & Elder Affairs
S. Children, Families, & Elder Affairs Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee
HB 749 Exemption/Donors â€“ Department of Elderly Affairs:: Similar to SB 648. Rep. Tom Anderson (R-Holiday)
SB 750 OGSR/Insurance Claim Data Exchange Information:: Reenacts Â§ 409.25661, F.S., without modification, a public record exemption for information obtained by the Department of Revenue in connection with a program that allows DOR to match insurance claims of non-custodial parents who owe past-due child support. Stipulates that the information is confidential and exempt until such time as it is determined whether a match exists. If there is a match, the information is subject to public disclosure; if no match exists, the information is destroyed. S. Committee on Children, Families & Elder Affairs S. Children, Families, & Elder Affairs Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee
SB 754 OGSR/Building Plans and Blueprints:: Reenacts, with minor modification, Â§ 119.701(3)(c), F.S., a public record exemption building plans, blueprints, schematic drawings and diagrams which depict the internal layout or structural elements of certain attractions, reaction facilities, entertainment or resort complexes, industrial complexes, retail and service developments, office developments and hotel and motel developments. Stipulates that the exemption does not apply to comprehensive plans, site plans, or amendments submitted for approval or that have been approved under local land or zoning regulations. S. Committee on Military Affairs & Domestic Security S. Military Affairs & Domestic Security: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.
HB 795 Exemption/Donors to Public Buildings:: Similar to SB 166. Rep. Perry Thurston (D-Ft. Lauderdale)
BAD
HB 817 Exemption/Cell Phone Numbers:: Creates a public record exemption for cellular telephone numbers of current or former law enforcement officers not otherwise disclosed by the employing law enforcement agency. Also creates an exemption for the telephone records for all telephone numbers of such officers. Similar to SB 1488. Rep. Marti Coley (R-Marianna)
BAD
HB 851 Exemption/Litigation Meetings:: Expands the exemption under Â§ 286.011(8), F.S., for meetings relating to pending litigation to allow an agency's risk manager and division heads to attend the closed door session and stipulates that disclosure of any part of the discussion that occurs at such sessions by a person who attends the closed session is a violation of the exemption. Similar to SB 1386. Rep. Debbie Mayfield (R-Vero Beach)
BAD
HB 895 Exemption/School Testing Investigations:: Creates a public record exemption for investigations of testing improprieties and all information obtained pursuant to such investigations until the investigation is complete or no longer active. Similar to SB 895. Rep. Ken Roberson (R-Port Charlotte)
BAD
HB 931 Local Government/Financial Reports:: Amends Â§ 218.32, F.S., requiring local governments to submit annual financial reports to the Department of Financial Services (DFS). In pertinent part, the bill requires local governments to provide a link to the DFS website to view such annual financial reports. Similar to SB 1368. Rep. Ron Schultz (R-Homosassa)
GOOD
HB 937 Exemption/Controlled Substances:: Similar to SB 440. Rep. Marcelo Llorente (R-Miami)
BAD
HB 961 Exemption/Florida Insurance Guaranty Association:: Creates a public record exemption for the following records held by the Florida Insurance Guaranty Association:; (1) claims files until termination of all litigation and settlement of all claims arising out of the same incident; (2) medical records and other medical information that are part of a claims file; and (3) records pertaining to privileged attorney-client communications. Similar to SB 2158. Rep. John Wood (R-Haines City)
HB 971 Transparency in Government Spending:: Creates the "Track Your Taxes â€“ the Florida Budget Openness Act" requiring the Department of Financial Services (DFS) to create a website that provides access to each expenditure made by a governmental entity, including: disbursement of funds; bond debt payments; salaries and wages; contractual services; commodities; capital outlay; expenditures on aid programs; and capital improvements. Stipulates that each expenditure list the name of the payee, as well as the date, amount, and purpose of the expenditure. Also requires that the website provide access to information on all revenue received by a government entity, including all: receipts or deposits; taxes; earnings, including amounts collected for merchandise sold, services performed, and licenses and permits issued; revenue for the use of money and property; gifts, donations, and federal grants; other revenue not classified elsewhere; and all non-revenue receipts. Stipulates that all revenues must list the name of the payor, and the date, amount, and purpose of the revenue. In addition, requires access to each governmental entity's bonded indebtedness information. "Governmental entity" is broadly defined to include all three branches of state government including state agencies and local governments, the Legislature, the courts, school districts, community colleges, and state universities. Finally, requires the website to include data for the 2010-2011 fiscal year for state governmental entities, data for the 2011-2012 fiscal year or calendar years for all other governmental entities, and data for each fiscal or calendar year thereafter for all governmental entities. Similar to SB 1972. Rep. Dorothy Hukill (R-Port Orange)
GOOD
HB 985 Exemption/County Ethics Complaints:: Expands Â§ 112.324, F.S., providing a public record exemption for records relating to investigations of complaints by the Ethics Commission to include records relating to investigations of complaints held by counties that have established a local investigatory process. Stipulates that such records are exempt until the complaint is dismissed or when a probable cause determination is made. Similar to SB 1582. Rep. Eric Eisnaugle (R-Orlando)
HB 1017 Exemption/Controlled Substances:: Creates a public record exemption for identifying information including the name, address, telephone number, insurance plan number, social security number, or Drug Enforcement Administration number of a patient, health care practitioner, pharmacist, or pharmacy contained in records held by an agency pursuant to the prescription drug validation program. Rep. Kurt Kelly (R-Ocala)
BAD
SB 1044 Exemption/Internet Registry â€“ Abandoned Properties:: Similar to HB 221. Sen. Chris Smith (D-West Palm Beach)
BAD
SB 1046 Exemption/Florida Hurricane Protection Program:: Creates a public record exemption for the following records of the Florida Hurricane Protection Program of the Florida Hurricane Catastrophe Fund: (1) underwriting files; (2) claims files until termination of all litigation and settlement of all claims arising out of the same incident; (3) records obtained or generated by an auditor pursuant to a routine audit until the audit is complete; (4) proprietary information licensed to the Florida Hurricane Protection Program under a contract requiring confidentiality of such information; (5) information relating to negotiations for financing, reinsurance, or contractual services until the conclusion of the negotiations; (6) reports provided to the program regarding suspected fraud or other criminal activity until the investigation of such fraud or activity is complete or is no longer active; and (7) records prepared by an attorney employed or retained by the program or prepared at the attorney's express direction which reflect a mental impression, conclusion, litigation strategy, or legal theory of the attorney. Also creates an exemption for portions of meetings of the State Board of Administration at which such exempt records are discussed, stipulating that the closed portions of meetings must be recorded and transcribed. Finally, creates a public record exemption for the transcript and minutes of exempt meetings. Similar to HB 1159. Sen. Mike Fasano (R-New Port Richey)
BAD
HB 1081 Data Destruction:: Requires all agencies, as defined in Â§ 119.011(2), F.S., to purge or physically destroy certain, specified information in a manner set forth in the Guidelines for Media Sanitization: Recommendations of the National Institute of Standards and Technology, NIST Special Publication 800-88. Information to be purged or destroyed includes any information that is secret, private, personal, or confidential in nature; or that contains identifying information including names, personal or business addresses, social security numbers, credit or debit card numbers, bank account numbers, telephone numbers or photographs. Similar to SB 1366. Rep. Janet Long (D-St. Petersburg)
HB 1121 Clerks of Court/Transfer of Services:: Stipulates that services currently provided by clerks of court are to be transferred to state court system. Similar to SB 2108. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)
HB 1159 Exemption/Florida Hurricane Protection Program:: Similar to SB 1046. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)
BAD
SB 1162 Exemption/Shell Bill:: Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings. Sen. Dennis Jones (R-Seminole)
BAD
SB 1204 Shell Bill/Public Records:: Expresses legislative intent to revise laws relating to public records. Sen. Ronda Storms (R-Brandon)
BAD
SB 1218 Exemption/Home Addresses â€“ DBPR Investigators:: Similar to HB 699. Sen. Mike Bennett (R-Bradenton)
SB 1246 Shell Bill/Public Records:: Expresses legislative intent to revise laws relating to public records. Sen. Ronda Storms (R-Brandon)
BAD
SB 1260 Exemption/Identifying Information â€“ Educators:: Similar to HB 409. Sen. Tony Hill (D-Jacksonville)
BAD
SB 1268 OGSR/Surplus State Lands:: Reenacts, with minor modification, Â§ 253.034(6)(g)1., F.S., providing a public record exemption for the written valuation of surplus state lands and related documents used to form the valuation or which pertain to the valuation until two weeks before a contract regarding the purchase, exchange, or disposal of such land is first considered for approval. S. Environmental Preservation & Conservation Committee
SB 1290 OGSR/Motor Vehicle Records:: Reenacts without modification Â§ 119.0712(2), F.S, the Florida Driver's Privacy Protection Act, providing a public record exemption for personal identifying information in motor vehicle records. S. Transportation Committee
SB 1314 Exemption/Complaints Against Firefighters:: Similar to HB 727. Sen. Jeremy Ring (D-Margate)
SB 1342 OGSR/Home Addresses â€“ U.S. Attorneys:: Reenacts, narrows, and moves the public record exemption for the home addresses, etc., of U.S. attorneys, judges, and magistrates. As amended, creates Â§ 119.071(5)(i), F.S., providing a public record for the homes address, telephone number, and photograph of a current or former U.S. attorney, judge, or magistrate. Also exempts the home address, telephone number, photograph, and place of employment of the spouses and children of such persons, as well as the name and location of the schools or day care facilities attended by their children. Stipulates that the attorney, judge, or magistrate must request confidentiality in writing and must provide a written statement that reasonable efforts have been made to protect such information in other publicly-available sources. S. Judiciary Committee
SB 1348 OGSR/Campaign Finance Reports:: Reenacts, with minor technical modification, Â§ 106.0706, F.S., providing an exemption for information entered into the campaign finance report electronic filing system until such time as the information is submitted to the Division of Elections as a filed report. S. Ethics & Elections Committee
SB 1354 Exemption/Controlled Substances:: Similar to HB 585. Sen. Mike Bennett (R-Bradenton)
BAD
SB 1366 Data Destruction:: Similar to HB 1081. Sen. Mike Fasano (R-New Port Richey)
SB 1368 Local Government/Financial Reports:: Similar to HB 931. Sen. Charlie Dean (R-Ocala)
GOOD
SB 1386 Exemption/Litigation Meetings:: Similar to HB 851. Sen. Nan Rich (D-Sunrise)
BAD
SB 1400 Exemption/Estate Inventories and Accountings:: Similar to HB 631. Sen. Dave Aronberg (D-Greenacres)
SB 1416 Confidentiality/Collaborative Process:: Similar to HB 395. Sen. Nan Rich (D-Sunrise)
BAD
SB 1488 Exemption/Cellular Telephone Numbers:: Similar to HB 817. Sen. Al Lawson (D-Tallahassee)
BAD
SB 1494 Shell Bill:: Expresses legislative intent to revise laws relating to public records and open meetings. Sen. Lee Constantine (R-Altamonte Springs)
BAD
SB 1582 Exemption/County Ethics Complaints:: Similar to HB 985. Sen. Thad Altman (R-Melbourne)
SB 1648 Shell Bill:: Expresses legislative intent to revise laws relating to public records and open meetings. Sen. Lee Constantine (R-Altamonte Springs)
BAD
SB 1820 Trade Secret Information:: In pertinent part, amends Â§ 624.4213, F.S., to stipulate that an insurance company submitting information incorrectly marked as trade secret can be fined up to $500 for each page of a document so marked. Attorney's fees and costs may also be assessed. Sen. Mike Fasano (R-New Port Richey)
SB 1824 OGSR/Recreation Programs for Children:: Reenacts, with some modification, Â§ 119.071(5)(c), F.S., providing a public record exemption for information that would identify or help locate a child who participates in a government-sponsored recreation program, including information that would identify or help locate the parents or guardians of the child. As amended, defines "government-sponsored recreation program" as an after-school program, an athletic program, a nature program, a camp, or other recreational program for which an agency assumes responsibility for a child participating in the program. S. Community Affairs Committee
SB 1826 OGSR/Eminent Domain Records:: Reenacts, without modification, Â§ 73.0155, F.S., providing a public record exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. S. Community Affairs Committee
SB 1834 OGSR/Archival Material:: Reenacts, with minor technical modification, Â§ 275.38, F.S., providing a public record exemption for non-public manuscripts or archival material turned over to the Florida State Archives under special conditions. Stipulates that such manuscripts or material will be subject to public disclosure 50 years after the date of the creation of such records. S. Governmental Oversight & Accountability Committee
SB 1836 Exemption/Proprietary Confidential Business Information:: Similar to SB 358. S. Governmental Oversight & Accountability Committee
SB 1838 OGSR/Social Security Numbers:: Reenacts, with modification, Â§ 119.071(4), F.S., providing a public record exemption for social security numbers of government employees. Also amends Â§ 119.071(5)(a), F.S., providing a general public record exemption for social security numbers. S. Governmental Oversight & Accountability Committee
SB 1884 Shell Bill:: Expresses legislative intent to revise laws relating to public records and open meetings. Sen. Steve Oelrich (R-Gainesville)
BAD
SB 1896 Exemption/Patient Safety Data:: Repeals Â§ 381.2073, F.S., providing a public record exemption for information identifying a patient contained in patient safety data and the person reporting such information in records held by the Florida Patient Safety Corporation. Also repeals Â§ 381.2071, F.S., authorizing creation of the Florida Patient Safety Corporation. S. Health Regulation Committee
SB 1902 OGSR/Human & Machine Cognition Institute:: Reenacts, without modification, Â§ 1044.4472, F.S., providing a public record exemption for (1) material relating to methods of manufacture or production; (2) potential and actual trade secrets; (3) patentable material; proprietary business information; (4) the identity of donors or potential donors to the Institute who desire to remain anonymous; and (5) any information received by the Institute in the performance of its duties which is otherwise confidential and exempt by law held or received by the Florida Institute for Human & Machine Cognition. Also reenacts an exemption for those portions of meetings at which exempt information is discussed. S. Higher Education Committee ???
SB 1912 Exemption/School Testing Investigations:: Similar to HB 895. Sen. Nancy Detert (R-Venice)
BAD
SB 1946 Shell Bill:: Expresses legislative intent to revise laws relating to public records. Sen. Garrett Richter (R-Naples)
BAD
SB 1972 Transparency in Government Spending:: Similar to HB 971. Sen. Ronda Storms (R-Brandon)
GOOD
SB 2028 Exemption/Shell Bill:: Expresses the legislative intent to create an exemption from public records and public meetings requirements. Sen. Mike Haridopolos (R-Melbourne)
BAD
SB 2032 OGSR/Scripps Research Institute:: Reenacts without modification Â§ 288.9551, F.S., providing various public record and open meeting exemptions for the Scripps Florida Funding Corporation, the Office of Tourism, Trade and Economic Development (OTTED) and the Scripps Research Institute. Specifically, creates a public record exemption for (1) materials relating to methods of manufacture or production; potential or actual trade secrets, patentable material, or proprietary information received, generated, ascertained or discovered by or through the Scripps Research Institute; (2) agreements and proposals to receive funding, including grant applications; (3) materials relating to the recruitment of scientists and researchers; (4) the identity of donors or potential donors; (5) information received which is otherwise confidential or exempt; (6) personal identifying information of participants in human trials or experiments; and (7) medical or health records relating to participants in clinical trials. Also (8) exempts portions of meetings at which exempt information is discussed, as well (9) all records generated during closed meetings. Finally, (10) stipulates that the Scripps Research Institute is a private, not-for-profit entity and is thus not subject to the public records law or the open meetings law. S. Commerce Committee
BAD
SB 2042 Exemption/Shell Bill:: Expresses the legislative intent to create an exemption from public records and public meetings requirements. Sen. Mike Haridopolos (R-Melbourne)
BAD
SB 2044 Exemption/Shell Bill:: Expresses the legislative intent to create an exemption from public records and public meetings requirements. Sen. Mike Haridopolos (R-Melbourne)
BAD
SB 2046 Exemption/Shell Bill:: Expresses the legislative intent to create an exemption from public records and public meetings requirements. Sen. Mike Haridopolos (R-Melbourne)
BAD
SB 2054 Exemption/Shell Bill:: Expresses the legislative intent to create an exemption from public records and public meetings requirements. Sen. Mike Haridopolos (R-Melbourne)
BAD
SB 2108 Clerks of Court/Transfer of Services:: Similar to HB 1121. Sen. Ken Pruitt (R-Port St. Lucie)
SB 2126 Exemption/Cable and Video Service Providers:: Creates a public record exemption for all information received by the Office of Program Policy Analysis and Government Accountability (OPPAGA) from cable and video service provider and all information collected and maintained by OPPAGA relating to the status of competition in the cable and video service industry. Sen. Jim King (R-Jacksonville)
BAD
SB 2142 Exemption/Foster Parents:: Expands Â§ 409.175, F.S., providing a public record exemption for certain, specified information relating to licensed foster parents held by the Department of Children and Families to apply the exemption to such information held by any agency. Sen. Andy Gardiner (R-Orlando)
SB 2144 Exemption/Stalking Victims:: Creates a public record exemption for the name, address, and telephone number of a person who is the victim of stalking or aggravated stalking contained in voter or voter registration records. Sen. Andy Gardiner (R-Orlando)
BAD
SB 2158 Exemption/Florida Insurance Guaranty Association:: Similar to HB 961. Sen. Mike Haridopolos (R-Melbourne)
SB 2162 Exemption/Seaport Authorities:: Creates an exemption for those portions of meetings of seaport authority boards at which active criminal investigative or intelligence information is discussed or a security briefing is received. Stipulates that the chair must announce the necessity to close the meeting and provides the specific reasons for closure in a written document and that the entire meeting be recorded. Also limits attendance at the closed meeting to members of the board, supporting staff and other persons authorized by the chair. Finally, creates a public record exemption for all records associated with the closed meeting until the investigation is complete or no longer active. Sen. Ronda Storms (R-Brandon)